Authorities

 Portugal - Central Authority (Art. 2) and practical information
Address

Central Authority(ies):

Directorate-General of Justice Administration
Ministry of Justice

Contact details:

Address:

Directorate-General of Justice Administration
Ministry of Justice
(Direcção-Geral da Administração da Justiça,
Ministério da Justiça)
Av. D. João II, nº 1.08.01 D/E
Pisos 0, 9º ao 14º
1990-097 Lisboa
Portugal

Telephone: +351 21 790 6200/18
Fax: +351 211 545 116
E-mail: [email protected]
[email protected]
General website: www.dgaj.mj.pt/
www.cji-dgaj.mj.pt
Contact person: Mrs Renata Chambel MARGARIDO
[email protected]
Mrs Cláudia KONG
[email protected]
Languages spoken by staff: Portuguese, English, French, Spanish

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 Evidence Convention Questionnaire)

Blocking statutes:

Yes, there are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Chapter I
(Letters of Requests)

Transmission of Letters of Requests:

Letters of Request are first sent to the Central Authority of the requesting State before being sent to the Central Authority of the requested State.

Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7):

Judicial authority competent to execute the request.

Presence of judicial personnel at the execution of the Letter of Request (Art. 8):

No declaration of applicability.

Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11):

No declaration of applicability.

Translation requirements (Arts 4(2) and 33): 

Accepts Letters of Requests written in or translated into Portuguese.

Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26):

There are no constitutional limitations with regard to the reimbursement of fees and costs, in connection with the execution of Letters of Request, for the service of process necessary to compel the appearance of a person to give evidence, the costs of attendance of such persons, and the costs of any transcript of the evidence (Art. 26).

Time for execution:

No information available.

Art 23 pre-trial discovery of documents:

Letter of Request will not be executed (full exclusion).

Information about domestic rules on the taking of evidence: 

European Judicial Network in Civil or Commercial Matters - Portugal.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?

According to Article 178 of the Portuguese Civil Procedure Code, a Letter of Request shall be sent only with the information that is strictly necessary.

In principle, a list of specific questions is not required.

Is it a public or private hearing?

Public hearing.

Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?

No.

Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?

No.

Are documents produced by the witness authenticated by the court?

No.

Is an oath generally administered to the witness?

Yes (articles 559 - 635 of the Civil Procedure Code).

Can the witness be made subject to further examination and recall?

Yes.

Are there sanctions for non-appearance of witness?

Unless the witness presents a valid justification for non-appearance (such as a change of residence or illness), a fine will be imposed and the witness may be compelled by the police to give evidence.

Must interpreters who assist with the witness examination be court-certified?

Yes.

How is the testimony transcribed?

The testimony will be recorded upon request of the parties or the court, or when required by law. The testimony will be transcribed only in specific situations (appeal) and this can be requested either by the parties or by the court (see article 685-B of the Civil Procedure Code).

In any case, he Portuguese procedural law (article 522-A) requires all testimony given before the final hearing or by a letter to be recorded or transcribed.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15

Applicable. See competent authority.

Article 16

Not applicable.

Article 17

Not applicable.

Article 18

Not applicable.

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links?

No. The Portuguese Civil Procedure Code allows the taking of evidence by video-link. See Law Decree 183/2000, 10.08.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

How would a request for evidence be handled if witness not willing?

Under Portuguese civil procedure law, there is no provision that accepts the refusal of the witness because he or she is unwilling to give evidence using video-link.

Chapter II

Are there legal obstacles to the use of video links?

No information available.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

Bilateral or multilateral agreements

Bilateral conventions on judicial co-operation: Angola, Cape Verde, Guinea Bissau, Mozambique, Sao Tome and Principe.

Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters

Useful links:

 

(This page was last updated on 13 March 2014)

Conventions